Households and businesses in First Nation communities:
- If you are charged with a summary conviction offence under a First Nation law, your case would be prosecuted by a federal DPP lawyer unless your First Nation has appointed its own prosecutor or has an agreement with a province or territory (Clause 2, new s.3.1(1)-(2)).
- Appeals related to those prosecutions would also be handled by the DPP in the default scenario (Clause 2, new s.3.1(1)).
- The bill does not change offences, penalties, or your procedural rights; it changes which public office prosecutes the case.
First Nations governments and councils:
- By default, you would have the DPP prosecute summary conviction offences under your laws “on behalf of” your First Nation (Clause 2, new s.3.1(1)).
- You keep choice and control: you can appoint or retain your own prosecutor, or you can enter an agreement with a province or territory for prosecution; if you do, the DPP will not prosecute (Clause 2, new s.3.1(2)).
- The definitions cover bylaws under the Indian Act, laws under the Framework Agreement on First Nation Land Management Act, and laws under self-government agreements (Clause 1).
Provincial and territorial governments:
- Existing or future agreements with First Nations to prosecute their summary conviction offences would continue or be available; in those cases, the DPP does not prosecute (Clause 2, new s.3.1(2)).
- Where no agreement exists and no prosecutor is appointed by the First Nation, the DPP becomes the default prosecutor (Clause 2, new s.3.1(1)-(2)).
Courts and legal practitioners:
- Expect a change in who appears as prosecutor in affected cases; the DPP would appear by default unless an opt-out applies (Clause 2, new s.3.1(1)-(2)).
- The bill revises the Act’s definition of “prosecution” to align with the new section (Clause 1(2)).